Section 381 BNSS: Power to order costs (Formerly Section 342 CrPC)

Section 381 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power to order costs

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Any Court dealing with an application made to it for filing a complaint under section 379 or an appeal under section 380, shall have power to make such order as to costs as may be just.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 381

Section 381 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 342 of the CrPC, 1973) empowers any Court dealing with an application or appeal under Section 379 or 380 to make such order as to costs as may be just.

Power to Award Costs: Any Court dealing with an application or appeal under Section 379 or Section 380 may make such order as to costs as may be just.
Deterrence Against Vexatious Applications: Serves as an effective fiscal deterrent against litigants filing frivolous perjury applications to settle personal scores.
Enforcement as Fine: Costs awarded under this section are recoverable in the manner provided for the recovery of fines under Section 461 BNSS.

Key Landmark Precedents:

Mary Angel v. State of T.N., (1999) 5 SCC 209: The Supreme Court noted that criminal courts have statutory power to award costs under specific provisions like Section 342 CrPC to penalize abuse of court process.
State of Karnataka v. L. Muniswamy, (1977) 2 SCC 699: Highlighted that judicial proceedings cannot be utilized as instruments of private harassment without incurring fiscal liability.

Courtroom Practice & Strategic Litigation Guidance:

When defeating a frivolous Section 379 perjury application filed merely to intimidate a witness or counter-blast civil litigation, press for heavy compensatory costs under Section 381.